‘67 Referendum–40 Years On

Michael BELLon life, justiceand community

Koori Courts expanded role

Yvonne LUKEtalks juvenile justice

Plan to tacklecautioning rateimbalance

New homeworkprogram at Lake Tyers

AUGUST07

THE VICTORIAN ABORIGINAL JUSTICEAGREEMENTIN ACTION

JUSTICE

WELCOME

Brian TEEMPParliamentarySecretary, Chair,Victorian AboriginalJustice Forum

I am pleased to introduce myself as the new ParliamentarySecretary for Justice and Chair of the Victorian Aboriginal JusticeForum. I would like to start by thanking my predecessor JennyMikakos for her contribution. Jenny has moved on to becomeParliamentary Secretary for Planning.

Reading this issue of Koori Justice provides an insight into thegreat work the Aboriginal Justice Agreement has achieved to date,and this year alone has been extraordinary.

The 1967 Referendum is one of the defining moments inAboriginal history and its 40th anniversary is a time to reflect onhow it has facilitated advances in Aboriginal justice. For instance,the Victoria Police and the Department of Justice are collaboratingto develop a simple, accessible police complaints process forKoories, and to improve the responsiveness of police to complaints.At the heart of this project is twofold dialogue: the Victoria Policeare opening up to scrutiny and the Koori community is speaking out.

There are now seven Koori Courts operating across Victoria,with a second Koori Children’s Court due to open in Mildura inSeptember. The Courts program has justifiably earned high praise,and the Department of Justice is now considering expanding theirjurisdiction to include contested cases.

I am pleased that the Lake Tyers Homework Program, which issupporting the community to engage in learning, has so far helpedmore than 30 local children. Moreover, a new program aimed atyoung Koori offenders is giving this vulnerable group a chance toenjoy a life free of drugs, alcohol and crime.

I have mentioned only a handful of initiatives and you can readabout these and more in this edition of Koori Justice.

There is a long way to go to improving the lives of IndigenousAustralians, but I want to take this opportunity to say that I amproud to have the chance to play an active part.

I look forward to working closely with the members of theDepartment of Justice who really are our quiet achievers. Here’s to a challenging and rewarding year ahead.

Brian TEE

CONTENTS1 Joint push to help Koories have their say

2 NAIDOC wrap-up

2 Problem-solving program opens hearts and minds

3 Making cautioning count

4 IN FOCUS Michael Bell

5 Koori Courts look at expanded role

6-7 CENTRE PAGE‘67 Referendum – 40th Anniversary

8 YOUNG & BLAK Radio days help youth reconnect

9 Q & A Yvonne Luke Giving young Koories a better future

10 Construction underway at Wulgunggo Ngalu

11 LAKE TYERS Hooked on homework

12 Alan ‘AB’ Browning rememberedTribute to Myra Faye Grinter

BACK PAGE Dr Alf Bamblett on WA visit

GUIDING PRINCIPLESABORIGINAL JUSTICE AGREEMENT PHASE 2The aim of the Aboriginal Justice Agreement Phase Two is to: a) minimise Koori over-representation in the criminal justice system by improvingaccessibility, utilisation and efficacy of justice-related programs and services inpartnership with the Koori community; and b) have a Koori community, as part for the broader Victorian community, that has the same access to human, civil and legal rights, living free from racism and discrimination and experiencing the same justice outcomes through the elimination of inequities in the justice system.

FRONT COVER: Michael Bell outside Warrnambool Koori Court

< "The markings on the shield represent our people and our country" Kurnai Shield, acrylic on canvas by Eileen Harrison, a Kurnai woman from Gippsland.

01Joint push to help Koories have their say

A GROUND-BREAKING JOINT PROJECT IS UNDERWAY TO IMPROVETHE POLICE COMPLAINTS PROCESSFOR INDIGENOUS PEOPLE ACROSSVICTORIA, AND ADDRESS THE PROBLEM OF UNDER-REPORTING

Undertaken by the Ethical StandardsDepartment of Victoria Police and theIndigenous Issues Unit of the Department ofJustice, the project is part of an ongoingcommitment to improve the relationshipbetween Victoria Police and the Koori community.

The overall aim of the project is todevelop a simpler, more accessible complaints process for Koories, as well asimprove the responsiveness of police tocomplaints.

Joint project manager, Amanda Young,from the Indigenous Issues Unit said the project involved interviews with communityorganisations as well as analysis of pastpolice files to identify barriers and opportunities for Koories when making formal complaints.

The initiative is being overseen by theVictorian Aboriginal Justice Forum (VAJF),which includes senior representatives fromthe Koori community, Victoria Police and theDepartment of Justice. Also assisting theproject is a steering committee of represen-tatives from the Victorian Aboriginal LegalService, Victorian Aboriginal Family Violence

and Prevention Legal Service and theRegional Aboriginal Justice AdvisoryCommittees (RAJACs).

Now eight months into the project, MsYoung said she and colleague SeniorSergeant Mick Simpson from the EthicalStandards Department had read 200 filesrelating to Indigenous complaints datingback to 1990.

“We wanted to get an idea of how manyKoories were making complaints againstpolice, and find out how accessible theyfound the complaints process, the responsiveness from police, the quality ofinvestigation and action taken if anythingwas done.”

The team found during 2006 there were18 complaints from Koories out of a total of730 complaints across Victoria.

However, over the same period theirresearch showed that 11.5 per cent of theKoori population in Victoria was interviewedby police at least once, with Koories 6.4times more likely to be interviewed bypolice than the average Victorian.

The 2006 figures also showed the majorityof complaints by Koories were for assault atthe time of arrest or while in custody.

During a presentation to the VAJF inJune, Assistant Commissioner of VictoriaPolice, Luke Cornelius, described the figuresas “very confronting” and acknowledged thecomplaint figures for Koories appeared to bevery low in comparison to the high rates ofpolice contact and the over-representationof Aboriginal people in the criminal justice system.

Assistant Commissioner Cornelius alsoacknowledged the current complaintsprocess was confusing with three separateways of making a complaint – to a localpolice station, to Victoria Police EthicalStandards Department or to the independentOffice of Police Integrity.

Ms Young said the team also found evidence of frustration about complaintsremaining unresolved, which created anissue of public confidence in the police complaints process.

“We are told anecdotally that futility is abig issue in the Koori community, and oneof the reasons why complaints are so low,along with issues of targeting and ongoingmonitoring by police if people complain.”

Ms Young said other barriers for Koorieswhen complaining were a lack of under-

standing of who to complain to, literacyissues, and limited access to an advocate toact on their behalf or follow a complaintthrough.

Director of the Indigenous Issue Unit,Andrew Jackomos, said the project was avital step towards improving the relationshipbetween Victoria Police and Indigenous people.

“I think it’s admirable Victoria Police hasopened itself up to this kind of scrutiny andis willing to learn from what we find out, andwhat we’re likely to recommend,” said MrJackomos.

“There could be some painful lessonsfor them in this but they’ve participated withgood will and complete transparency.”

Although specific recommendations forchanging the police complaints system forKoories are yet to be finalised, AssistantCommissioner Cornelius told the VAJF thatrecent changes to the system meant all complaints of assault by police were nowhandled directly by the Ethical StandardsDepartment, not by local police, and theOffice of Police Integrity now had onlineaccess to the police complaints database inorder to review these matters.

However, he said more improvementswere needed in relation to accessibility,responsiveness, workflow and capacity-building within Victoria Police.

Ms Young said there was broad resolution-based agreement between Victoria Police

and the Koori community of movingtowards a resolution based approach tocomplaints, which might be as simple asasking complainants what action they wantedtaken, and could build more confidence inthe system.

“In many instances complainants justwant someone to know what happened tothem, or they want an apology or acknowl-edgement that someone went too far – andthat in itself could resolve a lot of issues,”said Ms Young.

The project team hopes to present draftrecommendations for improving the policecomplaints system to the VAJF in early 2008.

I think it’s admirable Victoria Policehas opened itself up to this kind ofscrutiny and is willing to learn fromwhat we find out, and what we’relikely to recommend.ANDREW JACKOMOS

““The thing that strikes meabout this information is thatthe non-Koori communityseems more empoweredwhen it comes to makingcomplaints and moreassertive in following thesecomplaints through and seeing they are addressed.”ASSISTANT COMMISSIONER CORNELIUS

02 Problem-solving program opens hearts and mindsA NEW APPROACH TO REDUCEREPEAT INDIGENOUS OFFENCES ISUNDERWAY IN VICTORIA

The Koori Cognitive Skills Program was firstpiloted in Victorian prisons in 2005 and hasnow been extended into the community byCorrections Victoria.

The program was held, quite literally, outside in the beautiful Gippsland bush.Indigenous men serving Community BasedOrders met voluntarily meeting over 14 weeksto discuss issues that lead to offending.

The Koori Cognitive Skills Program isbased on research that shows people whoget into trouble with the law often have difficulty solving problems in their everydaylives.

It encourages people to practice thesenew skills on issues encountered in theirdaily lives, including those related to offend-ing. For example, participants are encouragedto monitor the success of a chosen actionand find alternatives if their first choice isunsuccessful.

Based on a mainstream program devel-oped in the United Kingdom, the KooriCognitive Skills Program has been adaptedto make it more appropriate for Indigenousparticipants.

While much of the mainstream frame-work is retained, an Indigenous facilitator isincluded and there is a reduced focus onwritten work for a greater focus on discussionand role playing.

The Warrnambool CommunityCorrectional Services office of CorrectionsVictoria were Adrian Obersby, a non-Indigenous psychologist with theDepartment of Justice (Gippsland) andRandolph Yarram, an Indigenous community corrections officer working in Gippsland.

“One of Randolph’s first suggestionswas to hold the program outdoors, in a bush-land reserve near a significant Aboriginalsite,” said Mr Obersby. “We’d light a fire,boil a billy and get down to talking and it wasreally effective. It is difficult to discuss personal issues with a group but this onehad the highest level of disclosure I’ve seen.”

Obersby and Yarram worked closelytogether to ensure the program was relevantand meaningful to all participants.

“Providing daily scenarios relating to thelives of participants for discussion and roleplaying was important and worked well,”said Mr Obersby. “For example, issues aboutdisconnection from country and obligationto family and how this might increase therisk of re-offending were among the themes covered.

“It was challenging for participants. Theywere looking at problems and getting a typeof support they’d not had before.”

The men met for around five hours aweek from April to June. There were fiveparticipants, with three receiving certificatesof completion.

Mr Yarram said the men bonded closelyand he observed a strengthening of problemsolving skills.

“It was great to hear them share thingsand to show emotion,” he said. “I hope theytake the new support network they now haveand the things they learned into their lives.”

While participants said the program wasa positive experience, its effectiveness inhelping them avoid re-offending will beassessed once other programs are conducted.

At least one more community-basedprogram will be held in 2007. In addition,the program is operating in Victorian prisonsthroughout this year, following a review lastyear of the 2005 pilot.

The 2007 state theme was ‘Celebration ofNations’: Recognising and acknowledgingall the Indigenous nations in Victoria/Our cultural traditions from around thiscountry/And the survival practices from ourancestors/ That gives us spirit, strength and life today.

Events included flag raising ceremonies,family and sports days, art and historicalexhibitions and Elders’ luncheons. TheGunditjmara Aboriginal Co-operative, alsocelebrating its 50th anniversary, held a dinnerdance and Lake Tyers held a ‘back to’. A ‘Handshake For Reconciliation’ event inFederation Square included Aunty CarolineBriggs, Aunty Joy Murphy, Melbourne LordMayor, John So and Anglican Archbishop of Melbourne, Dr. Philip Freier.

Kikkabush community held its first everNAIDOC week activity on its land at Purnimnear Warrnambool since gaining possessionof the land (part of the former FramlinghamMission) in 2001.

Kikkabush office administrator, JocelynCraddock said around 150 people attendedthe day, which included a ‘Welcome toCountry’, smoking ceremony and tour of theKikkabush property (see photos below).

“We had a fantastic first NAIDOC daywith many visitors, including Warrnamboolmayor, Cr. David Atkinson and representa-tives from Colac and Warrnambool police,the Warrnambool Community CorrectionsServices Offices of Corrections Victoria andBaysa family services,” said Jocelyn.

The NAIDOC ball was the finale of theweek, with around 800 people attending atMoonee Valley Racecourse, includingPatriach, Dr Alf Bamblett, Matriach, Aunty Merle Jackomos as well as MissNAIDOC, Joleen Ryan and Mr NAIDOC, Mali Ingram.BELOW L > R: SMOKING CEREMONY BY THE KIKKABUSH GROUP @ FRAMLINGHAM ABORIGINAL COOPERATIVE

PHOTOS: PETER GLENANE

50th NAIDOC WeekTHE 50TH ANNIVERSARY OF NAIDOCWEEK WAS CELEBRATED AT OVER 120 EVENTS ACROSS VICTORIA THISYEAR

03

ABORIGINAL LEADERS AND POLICEHAVE JOINED FORCES TO ADDRESSAN IMBALANCE IN CAUTIONINGRATES BETWEEN INDIGENOUS ANDNON-INDIGENOUS OFFENDERS

Data presented to the Aboriginal JusticeForum in March indicated that over the pastfive years an average of 13 per cent ofKoories processed by police were cautionedcompared to 20 per cent of non-Indigenousoffenders. In partnership with Victoria Police,further research has been conducted to examine the impact of offender eligibility toreceive cautions under the Victoria Policecautioning criteria on these statistics.

Police can caution youths aged between10 to 17 years for any offence, and adultsfor theft (Shopsteal) and use or possessionof drugs. Further criteria that must be con-sidered by police include: the accused mustmake admissions; there must be sufficientadmissible evidence; and generally, theoffender should have no prior criminal history.

In 2005-06, 28 per cent of juvenile Koorioffenders processed were cautioned bypolice. The average level of contact and cautioning in local government areas (LGAs)was examined and showed most LGAs thatwere classified as medium to high Koori con-tact with police also had high rates of caution-ing. Darebin, Greater Shepparton andMelbourne were the only LGAs with mediumto high level Koori contact that were considered to have medium rates of policecautioning.

The Forum agreed that the RegionalAboriginal Justice Advisory Committees andLocal Aboriginal Justice Action Committees(RAJACs and LAJACs) should develop andcoordinate responses on police contact andcautioning rates in their areas and report backto the Forum quarterly. The two-year coordi-nated response will include police gatheringfurther data on trends in specific areas toassist in program planning while the regionsand local areas develop specific action plans.

The aim is to reduce Koori contact withpolice through crime prevention and earlyintervention initiatives. But when contact does

occur, the goal is to increase cautioning inconjunction with diversion programs, andwhere necessary through changing policingpractices.

The Indigenous Issues Unit of theDepartment of Justice will monitor theregions’ progress and present an interimreport to the Forum after 12 months and afinal report after two years.

Those reports will also detail the outcomes of the Police Cautioning andYouth Diversion Pilot Project managed bythe Victorian Aboriginal Legal ServiceCooperative (VALS).

VALS chief executive officer, Mr FrankGuivarra, said the pilot, operating in Milduraand Latrobe since March, followed throughwith Aboriginal youth who came into contact with police in an attempt to divertthem away from the criminal justice system.

“The whole (pilot) system is not geared tochildren and youth being cautioned and thenshot out the door, hopefully never to be seenagain,” he said. “There is a whole follow-upsystem where the person is cautioned, andthe Police Youth Resource Officer (YRO) linksthat young person with support services.”

YROs are local police who are requiredto send copies of all cautioning notices toVALS, along with ‘failure to caution’ noticeswhen a decision is made to take more serious action, sometimes because of thenature of the offence or when the youngperson is a multiple offender.

Mr Guivarra said Mildura’s pilot programwas already showing positive results with adedicated YRO working extremely hard togive young Koories a better start in life.

The Forum has given ‘in principle’ supportto expanding the pilot program dependingon the outcomes.

Mr Guivarra said despite efforts across theboard, there were still some areas wherepolice demonstrated “overt and covert”racism. “There seems to be, in a lot ofinstances, intolerance with Aboriginal youth.In the case of some police officers thereseems to be zero tolerance.”

He said equitable treatment of Koorioffenders was a matter that needed address-ing at the local level. “I’ve said time andtime again, it’s alright for the senior police tosay, ‘Yes, we support this. We’re 110 percent behind it.’ But if it’s not getting down tostreet level then it just goes nowhere. It justdoesn’t change the attitudes of some of thelower ranks.”

He cited the example of one recent casewhere a young Aboriginal boy was chargedfor theft of a spray can while his non-Indigenous friend was let off with a caution.

But Mr Guivarra is hopeful that negativeattitudes will change if positive results emergefrom the pilot program. “Going by the statsand the low cautioning rates, it is imperativethat we do everything that is humanly possibleto keep our young kids out of the criminaljustice system.”

CORRECTIONS VICTORIA RECENTLYSPONSORED THE FIRST MARUMALIPROGRAM FOR KOORI STAFF FROM THEDEPARTMENT OF JUSTICE TO HELP HEALLONG-STANDING TRAUMA ASSOCIATEDWITH STOLEN GENERATION ISSUES

The Marumali Circle of Healing Programis a five-day intensive program focusing onissues such as dispossession from land,forced removal from families and communities, and loss of identity and connection to culture.

Held in May, the program was attendedby a wide range of Koori workers across theDepartment of Justice.

The healing model was developed in1999 by Aboriginal Elder, Aunty LorrainePeters, a survivor of Stolen Generation policies, who has since delivered Marumaliprograms to hundreds of Aboriginal peopleacross Australia.

The Marumali Program aims to improvethe quality of support available to survivorsof the Stolen Generations.

Since 2002, an adapted version of theMarumali Program has been running inVictoria's prison system for Aboriginal prisoners. The first prison Marumali Programwas delivered at Fulham CorrectionalCentre, with strong support from GeneralManager, John Myers. Shaun Braybrook, thethen Koori Liaison Officer at Port PhillipPrison, also played a lead role in introducingthe program to Victorian prisons.

“The Marumali program provided mewith the culturally appropriate tools to workwithin the justice system, and it’s great thatother Koori workers have now been giventhe opportunity to benefit from the Marumaliexperience,” Mr Braybrook said.

Comments from staff after the Marumaliprogram included:

“I was a survivor of the StolenGenerations. I lived it andwent through it. Marumaliwas a great chance to talkopenly with others who havesuffered this pain too. I hadnever had a chance to openup and be frank about theseissues before…”

Aunty Bess Yarram, Koori Court Elder.

"I have searched my wholelife for something like this. I have found peace withinmyself and I am free of thedemons that have held meback from where I should be.I am finally home and dancingwith my spirit."

Tracey Evans, Senior Project Officer,Transitional Services, Corrections Victoria

Making cautioning count Marumali Program

heals long-standing grief

“I’ve said time and timeagain, it’s alright for the senior police to say, ‘Yes, we support this. We’re 110 per cent behind it.’ But if it’s not getting down to street level then it just goes nowhere. It just doesn’t change theattitudes of some of thelower ranks.” FRANK GUIVARRA

04

Michael BELL:Passion for the peopleLONG-TIME ADVOCATE FOR JUSTICE AND COMMUNITYDEVELOPMENT, MICHAEL ‘MOOKEYE’ BELL WAS RECENTLYPRESENTED WITH A WHOLE-OF-DEPARTMENT JUSTICEAWARD. HE TELLS Koori Justice ABOUT HIS LIFE, WORKAND HOPES FOR THE FUTURE

Michael Bell is a busy man. With seven community justice projectson the go, an active Koori Court and a region that stretches fromPortland to Geelong, the Executive Officer for the Barwon SouthWest Regional Aboriginal Justice Advisory Committee (RAJAC) israrely in one place very long.

One-time chairperson of the Victorian Aboriginal Legal Serviceand founding CEO of the Winda Mara Aboriginal Corporation in hishome town of Heywood, Michael has a deep understanding of community and justice issues.

When invited to help implement the Victorian Aboriginal JusticeAgreement in 2001 he jumped at the chance. “It was an amazingtime, helping develop policy and having the opportunity to raiseawareness about issues affecting our community," said Michael, whowas chairperson of the Barwon South West RAJAC for two yearsbefore taking on the role of Executive Officer.

A Gunditjmara descendant, Michael was born to a Koori mumand a non-Koori dad, and grew up with nine brothers and sisters. As well as her own children, his mum Laura, who is now an Elder onthe Koori Court, provided a home for a few of Michael’s cousins. Hejokes that he developed his own sense of justice and fair play at anearly age.

“When you live in large family the connections you have witheach other are very important,” said Michael, who has two teenagesons, William and Micko, with his wife Sandra, a Yorta Yorta woman.

“When I look back now I can see mum really tried to teach usabout fairness, even with things as simple as feeding the mob.There was a strong sense of being in it together and needing toshare things around.”

Michael said his own childhood was a lot of fun. “My parentssplit up when I was young, but we were lucky because dad hungaround town. He worked at the local mill and we used to walk past iton the way to school.”

Michael’s nickname ‘Mookeye’ comes from his Uncle Roderick‘Mookeye’ Alberts who was an Elder in the community. “He and his brother Hank were very strong men who took us hunting for eels,and my father, who was in thick with the mob, came as well.

“They often took us back to the mission lands at Lake Condahwhere they grew up. Mookeye’s Country was around Homerton,which is about 12km from Heywood, and he knew all of the watersystems there. My dad started to call me Mookeye after him and it’s just stuck.”

After leaving school, Michael completed a Koori pre-apprentice-ship training course in Geelong and spent 14 years as a builder,including four years in Shepparton where he met Sandra.

He left the building trade in the late 1980s after the PyramidBuilding Society collapse. “I had about six to eight months worklined up when the collapse hit and the worked started to dry up. It brought home to me how quickly life can change.”

About the same time Michael received a phone call from acousin who offered him a job as a client service officer at theVictorian Aboriginal Legal Service in Warrnambool.

“It was really interesting and demanding work right from thestart,” said Michael. “I was fascinated by court processes and the lawbut I also saw the injustice people in my community were facing.”

Michael said one of the things he learnt at that time was theimportance of educating Koories about their legal rights. “Peoplewho are aware of their rights deal with situations a lot better thanthose who don’t, and often feel less powerless.”

The total Indigenous population for Barwon South West is 2,200people (2001 Census). During 2005-06 Michael said a total of 109Indigenous people in the Barwon South West Region came into contact with the justice system, which although lower than otherregions was still too high.

“We’ve got to get those numbers down but it’s not easy. Forexample, I know about 30 or 40 of those 110 people are repeatoffenders, and about half of them will be in the system all of theirlives. With some of these guys their fathers and grandfathers werealso in the system and we’ve got to break that cycle.”

Michael is overseeing a number of strategies in Barwon SouthWest to reduce Koori contact with the justice system. They include

INFOCUS

When I look back now I can seemum really tried to teach usabout fairness, even with thingsas simple as feeding the mob.There was a strong sense ofbeing in it together and needingto share things around.MICHAEL BELL

“

05Koori Court success could mean expanding roleTHE SUCCESS OF THE KOORI COURTSHAS PROMPTED THE DEPARTMENTOF JUSTICE TO CONSIDER HOW TOFURTHER CONSOLIDATE ANDEXPAND THE MODEL At present the Courts are a division of theMagistrates Court and a defendant mustplead guilty to appear. A further long termevaluation of the Koori Courts after nearlyfive years of operation will produce a betterquality body of data to inform the futuredevelopment of the Courts. Koori Courts arean initiative of the Aboriginal JusticeAgreement and focussed on providing amore understandable and culturally responsive Court for Koori defendants.

Manager Koori Programs and Initiatives,Ms Annette Vickery, said further evaluationof the Koori Courts would inform the development of Koori Programs in the future.

Further possibilities for consolidation andexpansion of the Model include extending toother jurisdictions and a project is currentlybeing run on building a County Koori Courtmodel.

There are now seven Koori Courts operating throughout Victoria. An evaluationof the first two years of the SheppartonCourt and the first 18 months of theBroadmeadows Court, conducted by DrMark Harris from LaTrobe University foundthey had significantly reduced recidivismrates and increased Koori participation in theadministration of the law.

“The Shepparton Koori Court had arecidivism rate of approximately 12.5 percent for the two years of the pilot programand the Broadmeadows Koori Court’s re-offending rate was approximately 15.5 percent. Both of these figures are significantlyless than the general level of recidivismwhich is put at 29.4 per cent,” Dr Harrisreported.

“It is clear in virtually all of the stated aimsof the Koori Court pilot program, it has beenresounding success,” he said in the report.

Opening the Bairnsdale Koori Court inMarch, the Attorney-General, Rob Hulls, saidthe courts marked a fundamental change inthe justice system that increased Indigenousparticipation in the process.

“The involvement of Elders or respectedpersons in advising the magistrates not onlygives Koori courts cultural relevance, butcontributes significantly to their success inreducing re-offending rates,” Mr Hulls said.

“We are choosing a better road by calling on the wisdom and experience ofElders and involving the Koori community ina legal system that for more than two centuries has been alien to them,” he said.

Under the Koori Court model, a KooriElder or respected person sits with the magistrate in the hearing along with a Kooricourt officer, the defendant and their family.They sit around a large oval table with themagistrate and their legal representatives.All parties are welcome to speak throughoutthe proceedings but the magistrate remainsthe ultimate decision-maker.

Dr Harris’s evaluation found the model

was less alienating for Koori offenders,allowing them to give their account of thereasons for their offence. He also found themodel succeeded in taking into account cultural considerations and strengthened the Koori community by reinforcing the status and authority of Elders and RespectedPersons.

Ms Vickery said a review of the KooriChildren’s Court, which operates at theMelbourne Children’s Court, was also underway, and early indications were that it waseven more successful than adult courts. “Thisis particularly significant because the earlyintervention can mean diversion out of thejustice system,” she said. “This is a chance togive a child at risk another kind of life.”

A second Koori Children’s Court is dueto open in Mildura on September 7. Theopening will coincide with the AustralianInstitute of Judicial Administration’s confer-ence on Indigenous courts.Community consultation has been underwayin Mildura for a number of months withCourt representatives talking to key stake-holders in the Mildura community, includingPolice, Corrections, Sheriffs, local government,businesses, schools and community groups.

A seventh adult Koori Court will beopened in Swan Hill mid 2008.

diversionary programs for young offend-ers to encourage them to reconnect with culture, education and work opportunities.

In addition, three local diversionarycommittees have been established inGeelong, Warrnambool and Portland to helpkeep Koories out of jail, and programs are inplace to assist Koori communities to supervise offenders on community basedorders (CBOs).

But Michael said one of the biggest challenges still facing the region was building trust and cooperation betweenlocal police, justice agencies and Koori communities. “We’ve implemented a numberof strategies to keep justice agencies andKoori communities talking such as employingAboriginal Liaison Officers in the local policeforce to help build cultural understandingand trust.”

Michael said one of the biggest successesin the region was the local Koori Court,which opened in 2003 and is the only one inthe state to sit on circuit in three locations –Warrnambool, Portland and Hamilton.

“It’s been a huge success for us,” saidMichael. “One of our first clients was a guywho had been in the system for 20 years.He had some serious offences that couldhave put him in jail again but the Elders andthe magistrate gave this guy an opportunityand didn’t lock him up. For the first timeever he apologised for his actions and triedto make amends for what he did. I could see he was ashamed and emotional aboutappearing before Elders.”

Michael said the combination of traditional legal process and answeringcommunity Elders was very powerful.“We’ve got a lot of young people who’vebeen to Koori Court once and have neverbeen back again.” Michael is now advocatingfor a Koori Court in Geelong.

Despite the successes, Michael is realisticabout the future. “We’ll never achieve nocontact with police but empowering familiesto take responsibility for their own lives andtheir children so that sons don’t simply followtheir fathers into crime is achievable.”

He said the most satisfying part of hisjob was small, day-to-day improvements. “I still feel we need to build more capacityand skills in our Koori communities. It’s allabout growing the good things and tellingjustice agencies to keep building partner-ships with these guys because that’s howwe’ll achieve the outcomes.”

“We’ll never achieve no contact with police butempowering families to takeresponsibility for their ownlives and their children so that sons don’t simply follow their fathers into crime is achievable.”

“It was clear in virtually all of the stated aims of the Koori Court pilot program that it has beenresounding success.” DR MARK HARRIS

PHOTO: ILANA ROSE

< MICHAEL BELL INSIDE WARRNAMBOOL KOORI COURTPHOTO: PETER GLENANE

This year marks the 40th anniversary of the 1967Referendum when 90.7 per cent of Australians voted torecognise Aboriginal people as citizens.

The largest ever ‘yes’ vote in Australian history, it ledto a change in the Australian Constitution to includeIndigenous people in the Census for the first time andenabled the Commonwealth Government to legislate forIndigenous affairs.

In an era marked by the racist White Australia Policyand a national policy of assimilation, a grassroots cam-paign was launched in 1958 to push for the recognition ofAboriginal people as equal citizens.

Driven by a series of petitions, the campaign was ledby courageous and charismatic Indigenous leaders suchas Pastor Sir Doug and Gladys Nicholls, Alick and MerleJackomos, Bill Onus, Dulcie Flower, Faith Bandler,Geraldine Briggs, Margaret Wirrapunda and many otherIndigenous and non-Indigenous people across Australia.

Lasting 10 long years, the campaign eventually wonthe support of both the Coalition government and theLabor opposition, and forced a national referendum onMay 27, 1967.

Although only one event in the long, bitter strugglefor Aboriginal rights in Australia, it is a significant momentin history according to prominent Aboriginal activist andlecturer in Australian history at Melbourne University,Gary Foley.

“I think it is a significant moment becauseit’s the moment when the Australian people hadtheir say. It’s also a major ‘blip’ on the politicalradar because it was the first ‘yes’ vote sinceFederation and the largest ‘yes’ vote ever,” saidMr Foley. “I really believe it was an honourablemoment, a moment the Australian people canfeel proud of – although it’s probably one of theonly ones. But whether that means allIndigenous people should regard it as a greatmoment, I suppose that’s up to them.”

At the time of the 1967 Referendum, YortaYorta Elder and long-time education and justicecampaigner, Aunty Melvina Johnson, was married with four young children in Echuca.

Born at the Cummeragunja Mission, herfamily was part of the mob that walked off themission in 1939 to protest against the livingconditions there, and ended up in makeshiftaccommodation beside the Murray River.

“At that time of my life we had nothing and I wasn’t really politically involved,” said AuntyMelvina. “I was a domestic worker at the hospital in Echuca.”

“We lived a miserable life and there seemedno way out. I was aware that I was considered anon-person and my self-esteem was very low.”

Aunty Melvina said the referendum and itsaftermath opened her eyes to a new future. “It

made us feel like we could say something and that finallywe might be heard. We weren’t invisible any more.”

She said until that time life was awful for Aboriginalpeople in Echuca. “We weren’t even allowed to have ourchildren in the wards at the hospital – we had them onthe verandah. I always tell people this because it makesme remember too.

“The referendum made us want something better forour children and for the first time we thought we had aright to fight for it. It made us open up.”

Aunty Melvina said the tireless work of Pastor SirDoug and Gladys Nicholls, and those around them,opened doors for Aboriginal self determination.

“What I remember about Uncle Doug is that he was atireless worker. He also had a lot of other good peoplewith him – people who were strong and able to speakout,” said Aunty Melvina who regularly stayed with theNicholls family when she was in Melbourne.

“He spoke about issues in a way that encouragedpeople to listen. I think he did more for our communitythan anyone.”

But Foley is adamant the 1967 Referendum cannot beexamined in isolation, without looking at what camebefore or since. He said it was important to rememberIndigenous people had always fought against discrimination and the loss of their land, since before and after Federation.

“A lot of mythology has grown up around the referendum, which to me is consistent with the fact thatwhite Australians like to create their own understandingof our history,” said Mr Foley.

He said the event was often confused in people’sminds – both Indigenous and non-Indigenous – as givingAboriginal people the right to vote, which had actuallyoccurred for all states (except Queensland) in 1962.

Foley said in terms of the impact on Indigenous politicalthinking and the later push for self-determination andland rights there were other historical moments thatdeserved as much, if not more, attention.

He said these included the Freedom Ride of 1965when Indigenous and non-Indigenous students fromSydney drove around country towns of NSW to protestagainst the segregation and living conditions ofAboriginal people, and the Tent Embassy in Canberrawhen Aboriginal activists, including Foley, set up a beachumbrella with a sign reading ‘Aboriginal Embassy’ on thelawn opposite Parliament House to protest against PrimeMinister William McMahon's refusal to acknowledgeIndigenous land rights.

“The Freedom Ride came through my town when Iwas 15, and it showed my generation you could stand upto these white bigots,” said Foley.

“Perhaps one of the reasons Australians feel uncom-fortable about their own history is that the racial policiesand ideologies of mainstream Australia in the early 20thcentury were almost identical to those of the Nazi Party.

I think it is asignificantmomentbecause it’sthe momentwhen theAustralian people hadtheir say. It’salso a major‘blip’ on thepolitical radarbecause it wasthe first ‘yes’vote sinceFederation andthe largest‘yes’ vote ever.GARY FOLEY

“

06

1967 Referendum – 40 Years OnThree prominent Aboriginal leaders reflect on thelegacy of the 1967 Referendum, what it meant tothem, and pay tribute to Indigenous leaders ofthe past

CENTREPAGE

07

“I’m not saying this generation of Australians shouldfeel guilty about the past but it is important they knowabout their own history and come to terms with it.”

Chair of the Victorian Aboriginal Justice AdvisoryCommittee, Dr Alf Bamblett, said the 1967 Referendumwas an important step in the struggle for Indigenousrights and had a profound impact on the lives ofIndigenous people, including his own life.

Dr Bamblett said the referendum was also importantbecause it was the time when “white Australia stood up”and demanded an end to entrenched racism and segregation.

“It was a door-opener. It didn’t provide all the answersbut it opened the door to many things and we’ve beenable to build on that,” he said.

Dr Bamblett said he could still remember listening toone of Uncle Doug’s sermons when he was about 15,which had a big impact. “He said something I’ve neverforgotten. He said you can play a song on the white keyson a piano, and you can play a song on the black keys,but when you play black and white together it’s a muchbetter tune.”

Bamblett said there were many other inspiring leadersin the referendum campaign including Alick and MerleJackomos, Bill Onus, Geraldine Briggs and MargaretWirrapunda. “People like that were striving to make thedream a reality. They represented the resilience andstrength of Aboriginal people who wanted a better world.”

But reflecting on the referendum and what it achievedalso meant remembering it was about changing a flawedAustralian Constitution, said Dr Bamblett.

“We need to remember that Aboriginal people wereexcluded from drawing up that document (theConstitution) and the thinking for decades was that eventually through assimilation Aboriginal people wouldno longer exist – and all governments needed to do was‘smooth the dying pillow’ because we’d all be gonesoon,” said Dr Bamblett.

“Well it didn’t work that way – 1967 turned thataround. It opened the door to many things and thanks to the people who led that campaign Aboriginal peoplewill always be able to stand up, have a voice and makethings happen.”

Attorney-General Rob Hulls and the former Minister for Aboriginal Affairs,Gavin Jennings, hosted a state reception at Queen’s Hall, Parliament Houseon May 27 to mark the 40th anniversary of the 1967 Referendum.

Mr Hulls and Mr Jennings told guests it was shocking to think it was stillwithin living memory that people with the deepest roots and the longest history in this land were not accepted as citizens in their own country.

“That all changed 40 years ago today when 90.7 per cent of the populationvoted to count Indigenous Australians in the Census in the most popular referendum in Australia’s history,” Mr Hulls said.

Mr Jennings said the 1967 Referendum was testament to the tenacityand resilience of Aboriginal communities, who played a key role in the campaign.

“The Victorian Aborigines Advancement League, founded in 1957, wasamong the Indigenous and non-Indigenous groups that were instrumental inmoving the nation forward to accept equal rights for all Australians,” he said.

Victoria amended its constitution in 2004 to acknowledge the state wasestablished and the Constitution passed without proper consultation, recognition or involvement of the Aboriginal people of Victoria, Mr Jenningssaid.

At the reception Mr Hulls said it was also fitting to mark the sixthanniversary of the Victorian Government’s Aboriginal Justice Agreementwith Victoria’s Koori communities.

“The Aboriginal Justice Agreement has guided initiatives such as theKoori Courts, Koori bail justices and culturally appropriate mediation andrehabilitation services. These show what can be achieved when we work ingenuine collaboration to undo the damage and destruction of the past.

“Today is not only a day for celebration but also a day for strengtheningour resolve to continue working with Koori communities to find appropriateand lasting solutions,” Mr Hulls said.

As part of the state reception Koori Elders were presented with commemorative birth certificates to mark the 40th anniversary of the 1967Referendum.

Entertainment at the celebration was provided by Australia’s Got Talentrunner-up and gum-leaf player Herb Patten, poet, playwright and musicianRichard Frankland, the Liz Cavanagh Quartet and the Aboriginal CommunityElders Service Choir.

State reception marks ‘67 Referendum

“You have to consider all the peopleinvolved in the referendum campaignand the 10 years of hard slog leading up to the vote. The Martin Luther Kingstatement, ‘I have a dream’ comes tomind because obviously Aboriginal people had one too.” DR ALF BAMBLETT

L > R: DR ALF BAMBLETT, GARY FOLEY, RICHARD

FRANKLAND AND ANDREW JACKOMOS

L > RPOSTER FOR 1967REFERENDUMCAMPAIGN;

TENT EMBASSY, 1972;

PASTOR SIR DOUGNICHOLLS.

PHOTOS:COURTESY OFANDREW JACKOMOS

08

HELPING YOUNG KOORI OFFENDERSRE-ENGAGE WITH THEIR CULTUREAND THE WIDER COMMUNITY IS THEMAIN AIM OF NEW EDUCATION PROGRAM BASED IN GEELONG

Implemented through the WathaurongAboriginal Cooperative and supported bythe Barwon South West RAJAC, the programstarted in late 2006 and is giving youngKoories a taste of life outside alcohol, drugsand crime. It is funded by the Department ofJustice for two years.

Koori youth justice worker at WathaurongAboriginal Cooperative, Glenn Shea, saidthe program was based on eight years ofexperience supporting young Koories whocome into contact with the juvenile justicesystem.

Mr Shea saw a need for a structuredprogram that reconnected young peoplewith their culture and community, taughtthem about their roles and responsibilities insociety and opened up new opportunitiessuch as education, training and employment.

The Wathaurong Education Program isloosely structured around a nine-to-fiveworking week, with a variety of activities andopportunities available to participants eachday. A blend of cultural education, creativeexpression, outdoor activities and basic literacy, numeracy and computer skills, theprogram also links with mainstream services.

About 10 young people aged 10 to 19attend the program regularly, while a furthereight or nine people drop in and out. Forsome of the participants the program is acompulsory part of their court orders, forothers it is voluntary.

“Our main focus is young offenders whocome into contact with the criminal youthjustice system, don’t go to school and aresimply not interested or motivated,” said Mr Shea.

“It’s frontline work. It’s dealing with

young Koories who are engaged in drugs,alcohol and crime. And it’s about looking attheir identity, place and belonging, and whattheir role and responsibilities are within that.”

Mr Shea said the program was not a‘quick fix’ but planted the seeds for long-term development. “We offer young Kooriesthe opportunity to understand how to chal-lenge their own thinking and behaviour, andmake alternative choices and decisions.”

One of the program activities is a radioskills program, run in conjunction withGeelong community radio station, 94.7 ThePulse.

Participants develop, produce and presenta weekly music and interview programcalled BLK Blak Chat, which includes live rapand beatbox sounds and is broadcastthroughout Geelong, the Surfcoast and theBellarine Peninsula.

Mr Shea said the radio program taughtyoung people about participation, communi-cation and teamwork. “It’s really importantbecause these kids don’t believe they’ve gota voice in society, and it gives them achance to open up about their lives andexperiences.”

Participant in the Wathaurong EducationProgram, Dean ‘Donkey D’ Hollander, 18,said he enjoyed the chance to play musicand talk about issues affecting young people.

“Without this program I don’t think I’d betalking about these sorts of things. I think I’dbe out there trying to figure out how tomake all the bad stuff happen rather thanfocusing on the good things.”

Vikki Bellenger, 17, said the show was“all about getting our voice out there andshowing everyone who we are. We tell our

own stories and we bring elders and guestsin and talk to them about their lives as well.”

Anthony ‘Ant’ Wills, 16, said the programhad taught him how to speak on the radioand not get embarrassed with other peoplelistening. He’s also recently started to dosome of his own beat-boxing.

“I want to keep doing stuff like this,” saidDean. “It gives me something to do duringthe day and its keeping me off all the othercrap. I’d like to take it further. If I had theopportunity I’d love to work in radio full-time.”

As well as the radio program, youngpeople have access to basic literacy andnumeracy skills, a Rainbow Riders horse-riding course, first aid and anger managementas well as a weekly visit to Gordon Instituteof TAFE where they are given ‘taste testers’of a variety of courses, including how to create blogs and webpages. Participants arealso making a documentary based on theirown stories with Aboriginal playwright andmusician, Richard Frankland.

At the end of the program they take partin a 10-day cultural gathering on theWathaurong traditional lands, where theytalk to Elders and learn about cultural practices, heritage and artifacts such as scartrees and water holes.

“Many of these kids live in a very darkworld and this program provides structureand consistency, and gives them a chance to see the different shades of life. They oftenthink they are the lowest of the low, anddon’t realise how much they have to contribute,” said Mr Shea.

Radio days help youth reconnect

LEFT: DEAN ‘DONKEY D’ HOLLANDER RIGHT: L>R VIKKI BELLENGER, DEAN ‘DONKEY’ D’HOLLANDER AND ANTHONY ‘ANT’ WILLS@PULSE 94.7

PHOTOS: PETER GLENANE

YOUNG&BLAK

“all aboutgetting ourvoice outthere andshowingeveryonewho weare.”VIKKI BELLENGER

““Part of the philosophy forme is about keeping doorsopen and creating opportunities for young people to step through.”GLENN SHEA

09

Q. Yvonne, what do Victoria’s YouthJustice workers do? A. Surprisingly, a lot of our workers have beenaround for a while and they’re dedicated toworking with young Koories. I guess a lot havethe opportunity to move on to better paid positions but they choose to stay working withyoung people.Sometimes kids burn their bridges, especially ifthey’re doing things that impact on their owncommunity. And the community often feelsfrustrated and is at a loss with how to deal withthese young people. If it wasn’t for Koori YouthJustice workers staying in there, being a constant support I think we could lose thoseyoung people from the community.

Q. Tell us about the Koori Youth JusticeProgram?A. The primary aim of the program is toreduce the over-representation of youngKoories in the criminal justice system. We have16 positions around the state located inAboriginal organisations and three workersbased in Youth Justice Centres. The workerssupport young Koories who have come intocontact with the system.

Q. What does that mean in practicalterms?A. It could be going out, picking up the youngperson and family and taking them to courtand offering advice to the court. It involves

building a picture of where they fit with their family and generallyadvising whether they’ve been involved with the localAboriginal community. We even have workers that takeyoung people out on camps.

Q. I imagine it is hard for some young people tocope with being told what to do, and they requireexternal support.A. Sometimes it’s difficult to engage young people,especially if they’ve had no boundaries. They come intothe justice system and they’re expected to comply withorders and follow directions and sometimes it can bevery difficult for them. I guess this is where the KooriYouth Justice workers come on board by understandingthe community, understanding them and bringing in aCultural Support Plan. They look at significant people inthe community that young people can relate to and seekadvice and support from.

Q. Do the workers see real changes in people’slives?A. I see quite a few young people that I have workedwith… who have gone on to university. These were kidswho weren’t going to school at the age of 12 or 13.

Q. Do you feel that’s because somewhere alongthe way someone said, ‘you’ve got support, andyou belong somewhere’?A. Yes. I’m just thinking about the kids that have gone onto university. There were different people involved, notjust me – people who offered support, and schools thattook them back and nurtured them.

Q. What is the Early School Leavers Program?A. It’s a new initiative, which comes out of the Aboriginal Justice Agreement. It focuses on young people who have disengaged or are at risk of disengagingfrom school. Referrals come from the Aboriginal community, from schools and from parents. We have two workers – one works with the younger age group (10 to 15 year-olds) and the other with 15 to 20 year-oldswho have disengaged from school, training or employment. Workers look at ways of getting young people to go back to school, enter some kind of formaltraining or find employment.

Q. Do some young Koories still fall through the gaps?A. Yes. Some young Koories leave school and becomebored and get involved in criminal activity, criminal damage, whether it be graffiti or catching the trains andnot paying, pinching stuff from stores – you know, minorstuff to start with, and as they get away with that they get more ambitious.

Q. How does the Intensive Bail Support Program work?A. It’s an intensive program that ensures there is support for young people including help with any family issues. It’s preventing young people from getting a custodial remand. We supervise them for however long – it could be one week to six months for youngadults or one week up to four months for children.During that time we work with them intensively andreport back to court with a recommendation on whatorder would be suitable.

Q. Are you hoping that while on bail some difference is made in terms of their connectionwith the community and their future outlook?A. Yes, we are looking to see they’ve taken some responsibility and are addressing their behaviour. Someyoung people come before the courts, and althoughthey’re found guilty, they still don’t think they’ve doneanything wrong. They might be pinching cars and theysay, ‘What’s wrong with that? They’ve got insurance’. So we try to get them to understand that if it happenedto them…how would they feel?

Q. Do you feel your work makes a difference?A. What really strikes me is when a young person you’veworked with, and used to get into trouble, comes to youand says, ‘I’m really worried that a friend may be gettinginto trouble’. Lately I’ve had three occasions of that.

Yvonne LUKE is a senioradvisor (Koori) with the

Department of HumanServices, and a former

Koori Youth Justice worker with the

Victorian AboriginalCommunity ServicesAssociation Limited.

In 2003 she received theRobin Clark MemorialAward for her work in

supporting young Kooriesin the justice system, and

guiding them towards amore positive future.

Giving young Koories a better future

Q&AYvonneLUKE

“I see quite a few young people that I have worked with… who have gone on to university. These were kids who weren’tgoing to school at the age of 12 or 13.”YVONNE LUKE

10 Construction underway at Wulgunggo Ngalu

CONSTRUCTION OF THE LONG-AWAITED RESIDENTIAL LEARNINGPLACE FOR KOORI MEN,WULGUNGGO NGALU, IS NOWUNDERWAY WITH THE NEW FACILITYDUE TO OPEN IN EARLY 2008

Located 10 km from Yarram in Gippsland,Wulgunggo Ngalu Learning Place will be aculturally appropriate residential facility forup to 20 Koori men undertaking community-based orders (CBOs). It has been developedin partnership between the Department ofJustice and the Koori community.

The program will be voluntary for menon CBOs where they have been found guiltyof an offence by a magistrate but the circumstances do not warrant a prison sentence.

“It’s very exciting to see constructionunderway,” said Co-manager of WulgunggoNgalu, Simon Lenten. “There’s been a longjourney for this project starting with theVictorian Aboriginal Justice Agreement backin 2001, which identified over representationof Indigenous people in the corrections system as an important issue.”

Koori men in Victoria are approximately14 times more likely to be in a prison orunder a CBO than non-Koori people, andbreach CBOs at twice the rate of non-Koorioffenders.

“We’re at the point of no return,” said MrLenten. “Six years of hard work, advocacyand effort within the Koori community andthe Department of Justice has paid off. Inthat time, a site was selected in Seymourand abandoned due to public opposition buta new site was chosen in Yarram and a greatdeal of work has been done by a lot of peopleto get to this point.”

Co-manager of Wulgunggo Ngalu,Shaun Braybrook, said the learning placewas a great achievement for the Koori community.

“It’s one of the first facilities in Victoriato be designed and managed by Koories forKoories,” Mr Braybrook said. “And it will bea much-needed alternative for Koori offendersby providing a higher level of cultural support, supervision and services than aregular CBO, which will assist in terms ofreducing breaches of CBOs.”

Koori men accepted into the programwill live at the facility for three to six monthsand participate in structured activities combining cultural healing with a range ofdevelopmental, employment and life skills topromote a positive outlook on life and minimise the chance of re-offending.

“We want to look at the whole person,which for Koories is linked to their historyand culture as well as their sense of personalresponsibility, respect and regard for others,”Mr Braybrook said.

He said the program would be drug andalcohol free and had been designed in closeconsultation with Elders from the local Gunai/Kurnai community and across Victoria.

Gippsland RAJAC Chairperson and long-time campaigner for Wulgunggo Ngalu,Aunty Bess Yarram, said it was exciting tosee construction underway.

“After the initial prejudice we faced it’swonderful to see it becoming a reality,”Aunty Bess said. “We’ve now got great support from the local Wellington Shire andthe majority of the wider community. I reallythink it will achieve great things.

“The support and training these menwill receive will give them more pride inthemselves and help keep families together.Even if we stop one person from re-offendingor going to prison that will be a success.”

“I’m very positive about this facilitybecause I know we have to make it work sowe can get other places like this acrossVictoria.”

Indigenous architect and head of theIndigenous Design Group at the NSWGovernment Architect’s Office, DillonKombumerri, said his design for WulgunggoNgalu was based on extensive consultationwith the local Gunai/Kurnai community.

Mr Kombumerri has worked on a widerange of buildings for Indigenous communitiesacross Australia, both in his role with theNSW Government Architect’s Office and inassociation with Indigenous design practice,Merrima Design.

“The first process for me is always towalk with the Elders and let them tell meabout their sense of a site, which is criticalin terms of respecting sacred sites anddeveloping a feeling for the location,” MrKombumerri said.

He said the design for Wulgunggo Ngaluwas inspired by the blue wren, a significantanimal to local Indigenous people. “I’ve triedto help the community tell the story of theblue wren within the design by incorporatingthe blue colouring of the bird and its darkertrimming. But we’ve abstracted these ele-ments to encourage visitors to ask questions,and support the oral storytelling tradition.”

“The buildings are meant to be of adomestic scale and comfortable to approachto avoid an institutional feeling. Where possible, we’ve used natural materials suchas recycled timber cladding which issourced from a local timber yard in Yarram.”

Mr Kombumerri said the accommodationunits were also carefully considered.“They’re based on discussions with localcommunity members about the set-up oftraditional camps where a group of shelterswere situated around a central gatheringspace and fireplace.”

According to Mr Lenten the learningcentre will be unique in the Victorian corrections system. “It’s a real partnershipbetween Indigenous people and justiceagencies, and that’s what makes it different.”

ABOVE: AUNTY BESS AND ARCHITECT DILLON KOMBUMERRILEFT: WULGUNGGO NGALU UNDER CONSTRUCTION, JULY 2007

Even if westop one personfrom re-offending orgoing to prison thatwill be a success. AUNTY BESS YARRAM

“

“The first process for me isalways to walk with the Elders and let them tell meabout their sense of a site.”DILLON KOMBUMERRI

11

DJARAN FROM LAKE TYERS SOLVING THE LATEST INDIGENOUSPUZZLE PHOTO: PETER GLENANE

FRONT ROW L > R: GINA WILKINSON, RITA HOOD, MAY O’ROURKE, DANNY MOBOURNEBACK ROW L > R: WAYNE HOOD, WILFRED CARTER

LAKETYERS Hooked on Homework

AN INNOVATIVE PROGRAM IS UPAND RUNNING AT LAKE TYERSTRAINING CENTRE TO HELP PRIMARYAND SECONDARY STUDENTS COMPLETE THEIR HOMEWORK ANDDEVELOP A POSITIVE APPROACH TOLEARNING

Launched in mid July and already assistingmore than 30 local children, the homeworkprogram is funded by the CommonwealthDepartment of Education, Science andTraining, with support from the Departmentof Justice, the former Department forVictorian Communities and the Shire of East Gippsland.

Lake Tyers Project Coordinator, KayleneWickham, said the program was a greatopportunity for the local Koori community tobecome partners in their children’s educationand get more involved in decision makingand helping their children succeed.

“One of the main aims of the homeworkprogram is to give students and parents theopportunity to work together to achieveeducational goals with the assistance ofqualified tutors,” Ms Wickham said.

Ms Wickham said the program includedreading, assistance with homework, computerskills, project research and group activitiesand games. On the last week of everymonth students also participate in a groupcultural arts and crafts activity.

The program is staffed by a qualifiedcoordinator, two accredited tutors for students in years 9–12 and two assistantsfrom the Koori community. The team alsoincludes a visiting librarian who is training alocal community member in book handling,borrowing and other skills. Four of the seven people employed have an Indigenousbackground.

On the first night of the program studentshelped develop a series of rules and alsomade colourful name tags. “It was wonderful

to have such an enthusiastic start and weexpect a busy, productive and fun termahead,” said Ms Wickham.

Community Elder and long-time advocatefor the homework program, Aunty LorraineSellings, said she was very excited aboutthe benefits of the program for the LakeTyers community.

“I want to see these kids get rightthrough school and perhaps even on to university,” Aunty Lorraine said. “This isreally important to me because I wasn’tallowed to have an education myself and Ididn’t know what it was like to pick up abook and read or learn maths. I had to relyon my kids and it was really hard. I wantmuch better opportunities for this generation.”

Aunty Lorraine said her role was tomake sure the program ran smoothly,including picking up children after schooland dropping them off at the training centre

as well as educating the community abouthow important it is for their children’s future.

“I’m very excited about the program.We’ve been working for two years to make ithappen and now its here. Education is thebest chance these kids have got to achievetheir dreams,” Aunty Lorraine said.

As part of the homework program tutorswork directly with children on their home-work and assignments while communityassistants also help with behaviour management, team skills and preparing aregular afternoon tea.

The homework program runs twice aweek on Monday and Wednesday afternoonsfrom 4pm to 5.30pm.

“Our aim is to create a comprehensiveprogram involving local schools, agenciesand the community. Partnering with othershas given us the ability to start a very solidprogram from the beginning rather than askeleton one,” Ms Wickham said.

She said the funding also allowed thecommunity to purchase a range of equipmentand resources to help increase literacy andnumeracy skills for primary and secondaryschool students.

“This project is about helping create aculture that values and promotes education.It’s also focused on retaining children inschool and assisting in the transition fromprimary to secondary school, and from secondary school to higher education andmeaningful work,” Ms Wickham said.

Education is the bestchance these kids have gotto achieve their dreams.AUNTY LORRAINE SELLINGS

“Celebrating the CommunityHall for Lake Tyers

As part of the Lake Tyers Community Renewal Project andthrough consultation with community members back in 2005,Aboriginal Affairs Victoria recently announced the successful tendererfor the construction of the Lake Tyers Community Hall.

On a sunny August afternoon this year, the Lake Tyers communitytogether with the Administrator and members of the Lake Tyers Inter-Departmental Committee marked the site of the new CommunityHall through a turning of the soil ceremony. Aunty Rita Hood andAunty May O'Rourke conducted the turning of the soil ceremony to mark this significant occasion.

The new community hall will be a focal point for the Lake TyersAboriginal Trust residents to gather for events and functions and itsofficial opening is eagerly anticipated.

12

ALLAN ‘AB’ BROWNING WAS A HIGHLY RESPECTED COMMUNITY LEADER, ANDMUCH LOVED ADVOCATE ANDROLE MODEL FOR KOORI PRISONERS

Born at Fingal Head in 1954 at the mouthof the subtropical Tweed River, Allan was

a proud Bunjilung man whose people lived at the foot of Mt Warning orWollumbin (cloud catcher), which towers over the valley and is the centralcore of an extinct volcano.

Raised by his family in south eastern Queensland, he moved to Sydneyto live with his sister when he was about 15.

Later he travelled to Mildura for seasonal fruit picking work, where heenjoyed the outdoor life and learnt how to dance, sing and play the guitar. A few years later Allan moved to Melbourne and worked on the wharves.Around this time he met and married his first wife Bernadette, an Italian girland settled in Geelong, becoming a father to three children, Casey, Jermaineand Krystle.

Employed as an Aboriginal Wellbeing Officer with the Indigenous Policy andServices Unit of Corrections Victoria, Allan provided ongoing welfare, advocacyand support for Koori prisoners at Barwon Prison, Marngoneet CorrectionalCentre, Ararat Prison and Langi Kal Kal Prison. He loved his job and helpedmany people but his influence and goodwill extended beyond his work.

Allan was also an Aboriginal Cultural Heritage Inspector, a role he maintained since his initial appointment in 1994.

The role suited Allan perfectly as he had an undeniable passion for theprotection of Aboriginal cultural heritage. He undertook his duties with commitment and conscientiousness, and was involved in many additionalactivities to support the protection of Aboriginal cultural heritage items.

Allan also had a long history with the Koori community in Geelong andworked for many years as the Cultural Officer at the Wathaurong AboriginalCooperative. He often spoke about Aboriginal culture and heritage atschools and conferences and was renowned for performing traditionalWelcome to Country ceremonies.

At Wathaurong he formed a traditional dance group, Je-Be WengDancers, that travelled the world.

Work colleague and friend, Adrian Sculthorpe, said Allan was great infront of a crowd. “He was a real showman, and a true story teller.”

But Adrian said Allan would also be remembered as a gentle and forgiving man. “He always confronted trouble with a smile and goodhumour. He gave people the benefit of the doubt, and his mission was tohelp them see things a different way, not punish them for their beliefs or attitudes – no matter how much he disagreed with them.”

His passion for life flowed into his work, said Adrian. “He offered realsupport to our fellas in the system and was a role model, mentor and Uncleto them. He knew the key to many of these fellas rehabilitation was forthem to find out more about their culture and connect with their identity. So he was that link for them.”

Allan’s funeral was held at his family home in Fingal Head, New SouthWales on April 5, which was followed by a memorial service at the WathaurongAboriginal Cooperative on April 11, attended by hundreds of people.

Speakers at the memorial service included respected Aboriginal EldersAlbert Mullet and Jim Berg, Mayor of Greater Geelong Bruce Harwood, closefriend Roger Smith and Chief Executive Officer of Wathaurong Aboriginal

Cooperative, Trevor Edwards. Otherspeakers included: John Murray, One FireReconciliation Group; Brendan Marshall,Terra Culture; Andrew Jackomos,Department of Justice; and Phil Maxsted,Victoria Police.

He is survived by his beloved partner,Gwenda, his three children Casey,Jermaine and Krystle, daughter-in-lawRenee, and two grandchildren Annisseand Ellen (born three weeks after hispassing and named in memory of Allan).

“MYRA FAYE GRINTER WAS APASSIONATE AND LEADINGSOCIAL JUSTICE ADVOCATEWHO DEDICATED HER LIFE TOHELPING HER KOORI COMMUNITY,” ANDREW JACKOMOS

She was “all class, all beauty and the perfect role model for young Koories”,

according to close friend and colleague, Andrew Jackomos.In his eulogy at Myra’s funeral, Andrew said her ability to “bring together

Koori and non-Koori, justice and community” were the secret to her manyprofessional and personal achievements.

A proud Yorta Yorta/Wiradjuri woman, Myra was born in 1949 atMooroopna. After growing up with her family in Shepparton, Nyah West andHorsham, she moved to Melbourne in the late 1960s to further her studies atRiddells College. Like many Koori girls moving from country to city, Myrastayed at the Gladys Nicholls Youth Hostel operated by the AboriginesAdvancement League in Westgarth.

It was here that Myra’s passion for social justice was ignited, and whereher leadership skills emerged. Her first job with the League was as a receptionist but she was soon promoted to field officer, travelling to communities in Gippsland, the Mallee and the Wimmera visiting Koories inprisons, hospitals and youth detention centres.

Myra met Wally Cooper, who was living at the boy’s hostel, and theymarried and had two children, ‘Sonny’ and Rod (dec.). But the relationshiphad its challenges and they decided to follow their dreams separately.

In 1980 Myra met and fell in love with Colin Grinter while studying at theLoyola Institute of Welfare in Bundoora. They restored old churches in

western Victoria before movingto Perth, where they worked in construction jobs as far north as Wyndham on the Ord Rivercomplex.

Returning to the east coast,Myra eventually returned to herbeloved river country in 1990 tosettle at Wentworth, nearMildura. She had a long association with the Mildura

Aboriginal Corporation where she worked as an alcohol and drug counsellor,and with the Corporation’s Community Justice Panel Program (Bacchus).

In 2001 Myra became one of Victoria’s first Koori Bail Justices and wasinstrumental in establishing the Mildura Koori Court. Her dedication to Koorijustice issues was recognised in 2003 when the Victorian Government presented her with an Indigenous Community Justice Award.

“When it came time to employ a Koori Court Officer (in Mildura) in 2005,there was really no choice,” said Andrew. “Myra was the Koori Court personified, the Koori Courtroom was her room. It was her.”

Andrew said one of Myra’s greatest strengths was her ability to workwith people from all backgrounds. “She recently told me that to make herrole as the Koori Court Officer more effective for the Koori community sheneeded to be more sensitive to the cultural needs and awareness of non-Koories – a very perceptive woman.”

Myra was involved in establishing a Children’s Koori Court in Mildurawhen she died tragically in a car accident near Robinvale on May 24, 2007.

Her greatest joy was her family, particularly her four grandchildren andfour step grandchildren. Her faithful dog, ‘Ol Red, was with her for the last18 years.

“She loved to dance and sing, and was famous for her ‘Koori-oke’renditions of Dusty Springfield’s song ‘Crazy’. She lived her life honestly

and to the fullest,” said Andrew. Her funeral was held at the family home in Wentworth on the banks of

the Darling River on June 2. Tributes were received from Attorney General,Rob Hulls, and Assistant Police Commissioner, Ken Lay. A memorial servicecelebrating Myra’s life was held in Shepparton on June 10.

‘AB’ REMEMBEREDAS A GENTLELEADER ANDTEACHER

MYRA, A ROLEMODEL FOR YOUNGKOORIES

He offered real support to our fellas in the system and was a rolemodel, mentor and Uncle to them.Adrian SCULTHOPE

“Myra was the KooriCourt personified, theKoori Courtroom was her room. It was her.”Andrew JACKOMOS

In mid May a delegation of nine people representing the Victoria Aboriginal JusticeAgreement travelled to Western Australiato talk to Aboriginal Elders and senior government officials about establishing asimilar agreement in that state to tacklethe alarming over-representation ofAboriginal people in the justice system.Chair of the Victorian Aboriginal JusticeAdvisory Committee, Dr Alf Bamblett,believes now is the right time for a genuinepartnership between Aboriginal people andjustice agencies in Western Australia.

In Western Australia, Aboriginal people represent only three per cent of the state’spopulation but make up approximately 40per cent of offenders in its adult prisons andmore than 70 per cent of juvenile offenders.

Aboriginal people in Western Australiaare also five times more likely than the average West Australian to be a victim ofviolent crime.

As I listened to these statistics at theMay delegation I became increasingly angryand frustrated. But I also realised there is anincredible opportunity in Western Australiato create an Aboriginal Justice Agreementsimilar to the one we have in Victoria thatcould start to tackle these problems head on.

In the last few years there have been anumber of attempts to develop anAboriginal Justice Agreement in WesternAustralia along the lines of what has beendone in other states such as Victoria.

And right now the West AustralianDepartment of Justice is working on amodel they hope will reduce the over-representation of Aboriginal people in thecriminal justice system, reduce the numberof victims of crime, and create safer, moresustainable Aboriginal communities. Theyare envisaging a network of 10 regional and56 local justice forums across the state.

I applaud this vision but I know theyhave a long way to go.

Our delegation was invited to offerAboriginal Elders and government officialswhat knowledge and experience we couldand help them create their own AboriginalJustice Agreement based on genuine partnership and input by Aboriginal people.

In my view Victoria has done well withits agreement over the last six years. Wehave a real commitment here from theVictorian Government and justice agencies.

When I look at our Aboriginal JusticeForum, and the different agencies andAboriginal communities sitting around thetable, I see there is a partnership that istaken seriously. And it seems to me this iswhere we need to get on a national level.

The Aboriginal people of WesternAustralia we met show an incredible amountof strength and resilience in terms of gettingan agreement established but they also facequite a few obstacles we don’t have inVictoria.

The huge geographical spread of communities in Western Australia and thelarger Aboriginal population make their job alot harder than ours in many ways. Althoughmany Aboriginal and non-Aboriginal peopleare doing a lot of good work, there is a realopportunity right now for senior officials tobecome more involved in the workings of anew justice agreement that can make thingshappen and start to bring those depressingfigures down.

There are many programs we now takefor granted in Victoria that our Aboriginalcousins in Western Australia still don’t have.For example, they do not have a cautioningprogram for young Aboriginal offenders tohelp divert them from the justice system.Nor do they have a network of Aboriginal

Courts, like our own Koori Courts, althougha trial is now underway in Kalgoorlie.

I could never have imagined a few yearsago that this once angry young man wouldbe working in a cooperative manner withjustice agencies such as the police andcourts but I am, and so are many Aboriginalpeople in Victoria.

I believe it is the responsibility of thosewho work within in the justice systemthroughout Australia to ensure they aredoing the best possible job for the peoplethey come in contact with in the system –not just take a salary, go home and try toforget about the injustice they see.

And gradually I think we will change thepsyche of mainstream Australians from seeing Aboriginal people as recipients ofwelfare or government largesse to seeing usas real participants in our own future.

The Victorian Aboriginal JusticeAgreement and other partnerships in education, housing and health in this statehave meant Aboriginal people are progressingto a place where they are truly the architectsof their own destiny.

There are now opportunities forAboriginal people to have a voice and beinvolved in decision making, policy formulationand the design and development of programsfor their own communities. These are thingswe’ve talked about for a long time.

To my mind the over-representationrates of Aboriginal people in WesternAustralia clearly say there is a great deal thatis going wrong for Aboriginal people in thatstate, and a lot that could be done to startmaking changes.

But equally I am not saying we have allthe answers in Victoria.

One of the things I am committed tocontinuing is the dialogue we’ve got withWest Australian Aboriginal communities andgovernment officials , and getting a group of them across here to have look at whatwe’re doing.

Surely the way forward for Aboriginalpeople in Western Australia – as it is acrossAustralia – is to make sure Aboriginal peoplegrow to a place where they can contributefully and make things happen to improvetheir own lives and their own communities.

Genuine partnership needed to tackle over-representationin WA

BACKPAGE

DR AlfBAMBLETT

I believe it is the responsibility of thosewho work within in thejustice system throughoutAustralia to ensure theyare doing the best possiblejob for the people theycome in contact with inthe system – not just takea salary, go home and tryto forget about the injustice they see.

“

PUBLISHED BYStrategic CommunicationsBranchTELEPHONE 03 8684 1531 or 1300 365 111 (regional callers)

VICTORIAN GOVERNMENTDEPARTMENT OF JUSTICEMelbourne Victoria Australia© Copyright State ofVictoria, Department ofJustice, 2007

Also published on www.justice.vic.gov.au

RAJACSPeter ROTUMAHExecutive OfficerMelbourne South East RegionalAboriginal Justice AdvisoryCommittee20/121 Exhibition StreetMELBOURNE VIC 3000DX NO 210978PHONE 8684 1739FAX 8684 1726M 0408 579 345E peter.rotumah@justice.vic.gov.au

Troy AUSTINExecutive OfficerMelbourne North West RegionalAboriginal Justice AdvisoryCommittee241 Wellington StreetCOLLINGWOOD VIC 3000DX 211512PHONE 9948 8725FAX 9948 8799M 0408 569 508E troy.austin@justice.vic.gov.au

Michael BELLExecutive OfficerBarwon South West RegionalAboriginal Justice AdvisoryCommitteeC/- Warrnambool CommunityCorrectional Services218 Koroit StreetP O Box 1187WARRNAMBOOL VIC 3280DX 219 596PHONE 5564 1003FAX 5564 1010M 0408 572 183E michael.bell@justice.vic.gov.au

Joanne ATKINSONExecutive OfficerHume Regional Aboriginal JusticeAdvisory CommitteeC/- Sheriff's OfficeShop 3, 148 Welsford StreetSHEPPARTON VIC 3630PHONE (03) 5832 1580FAX (03) 5831 1851M 0408 579 392E joanne.atkinson@justice.vic.gov.au

Mervyn ATKINSONExecutive OfficerGrampians Regional AboriginalJustice Advisory CommitteeC/- Consumer Affairs Victoria11 Sturt StreetBALLARAT VIC 3353PHONE 5331 4528FAX 5331 4658M 0408 574 679E merv.atkinson@justice.vic.gov.au

Jason KINGExecutive OfficerGippsland Regional AboriginalJustice Advisory CommitteeC/- Sheriff’s Office380 Raymond StreetPO Box 423SALE VIC 3850M 0408 570 516E jason.king@justice.vic.gov.au

Raylene FENNELLExecutive OfficerLoddon Mallee Regional AboriginalJustice Advisory CommitteeC/- Bendigo Court51-67 Pall MallP O Box 930BENDIGO VIC 3550DX NO 214 508PHONE 5440 4108FAX 5540 4162M 0408 578 036E raylene.fennell@justice.vic.gov.au

Rhonda O’DONNELLProject Officer – LAJACc/- Mildura court 56 Deakin Avenue (PO Box 5014)Mildura 3500DX NO 217 506PHONE 5021 6043FAX 5021 6010M 0429 793 509E rhonda.o’donnell@justice.vic.gov.au

Koori Court UnitKoori Court Unit Manager:ANNETTE VICKERYLevel 1, 436 Lonsdale StreetMelbourne 3000PHONE (03) 9603 9072

Koori CourtsKoori Court Officer:HOWARD NICHOLLSHigh StreetPO Box 607Shepparton 3630PHONE (03) 5821 4633Meets every second Friday

BroadmeadowsKoori Court Officer: TERRIE STEWARTCnr Dimboola Road and Pearcedale ParadePO Box 3235Broadmeadows 3047PHONE (03) 9221 8900Meets every second Tuesday

Warrnambool (incorporatingPortland and Hamilton)Koori Court Officer:WALTER SAUNDERS218 Koroit StreetPO Box 244Warrnambool 3280PHONE (03) 5564 1111

(Warrnambool)(03) 5523 1321 (Portland)(03) 5572 2288 (Hamilton)

Meets second Tuesday of eachmonth in Warrnambool, secondWednesday in Portland, secondThursday in Hamilton

Mildura56 Deakin AvenuePO Box 5014Mildura 3502PHONE (03) 5021 6007Meets every second Wednesday

MoeKoori Court Officer:MELISSA BROOKES59 Lloyd StreetPO Box 87Moe 3825PHONE (03) 5127 4888

Children’s Court of VictoriaChildren’s Court Officer:ANNE-MAREE KIRKMAN477 Little Lonsdale StreetMelbourne 3000PHONE (03) 8601 6700

Legal Services CommissionLevel 9, 330 Collins StreetMelbourne 3000PHONE (03) 9642 0655 or

1800 357 772 (Victoria toll free)

Equal OpportunityCommissionLevel 3, 380 Lonsdale Street Melbourne 3000PHONE (03) 9281 7111 orENQUIRIES (03) 9281 7100TOLL FREE 1800 134 142

Andrew JackomosDirectorIndigenous IssuesPHONE 03 8684 1755MOBILE 0417 546 945

Cynthia LimManager: Community DevelopmentProgramsPHONE 03 8684 1734MOBILE 0407 819 753

Lisa MooreManager: Policy Co-ordinationPHONE 08684 1731MOBILE 0407 819 061

Antoinette GentileManager: Community ProgramsPHONE 03 8684 1742MOBILE 0418 144 153

Colin McLachlanManager: Evaluation and MonitoringPHONE 03 8684 1743MOBILE 0438 020 072

Debby WalkerCo-ordinator: Koori Recruitment &Career Development StrategyPHONE 03 8684 1750MOBILE 0417 104 343

Lake Tyers Officers

Kaylene WickhamProject Co-ordinatorPHONE 03 5156 5348MOBILE 0429 959 014

Patricia SellingsYES TraineePHONE 5156 5348

Danny MobourneAssistant Community Co-ordinatorPHONE 5156 5348MOBILE 0427 846 182

KOORI JUSTICE CONTACTS LISTS

Indigenous Issues Unit, Department of JusticeLevel 20, 121 Exhibition Street, Melbourne PHONE 03 8684 1755 FAX03 8684 1726

EDITOR Ann Strunks, Strategic CommunicationsBranch, Department of Justice

WRITERS Agile & Associates David Crofts, Natalia Thompson, Jacqui Macdonald

PHOTOGRAPHERSPeter Glenane, Ilana RoseDESIGN Lin Tobias / La Bella Design

EDITORIAL ENQUIRIESAnn Strunks on 03) 8684 0324 orann.strunks@justice.vic.gov.au